36 C.F.R. § 212.4

Construction and maintenance

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(a) Construction and maintenance work on forest transportation facilities with appropriated funds shall be directed to what is necessary and economically justified for protection, administration, development, and multiple-use management of the federally owned lands and resources served.

(b) Preliminary engineering and the construction and maintenance of forest transportation facilities shall be performed by force account or let to contract, unless otherwise approved by the Chief. The contract method shall be employed for roads and trails in accordance with section 205(c) of the Act of August 27, 1958 (72 Stat. 907); 23 U.S.C. 205, and for all other facilities when it is advantageous and in the interest of the Government.

(c) No construction work shall be started by force account or let to contract until all necessary rights of way have been secured, and approved by the Attorney General, if required, and cooperative agreements, if any, approved and executed.

[24 FR 10256, Dec. 18, 1959, as amended at 25 FR 6360, July 7, 1960. Redesignated at 62 FR 58654, Oct. 30, 1997; 66 FR 3216, Jan. 12, 2001]

Notes of Decisions

Cited in 2 cases, 2004–2014 · leading case: Shawnee Trail Conservancy v. Nicholas, 343 F. Supp. 2d 687 (S.D. Ill. 2004).

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Shawnee Trail Conservancy v. Nicholas, 343 F. Supp. 2d 687 (S.D. Ill. 2004). “36 C.F.R. § 212.4 (a). “Forest transportation facilities” include classified roads and designated trails.”

Bell v. United States, 4 F. Supp. 3d 908 (S.D. Ohio 2014). “36 C.F.R. § 212.4 (a). Numerous cases in this Circuit have concluded that similar conduct is also entrusted to the “judgment and choice” of government employees.”

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